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Liquor license pulled from Crackers in Dracut

By John Collins, jcollins@lowellsun

Posted:
01/10/2013 06:59:51 AM EST

DRACUT -- The state liquor-licensing commission pulled the license of Crackers Lounge for 30 days after finding two video-poker machines at the business, despite a claim by the bar's owner, Dave LeRiche, that the machines were being kept in storage in a back room, unplugged.

Leroy's Inc., doing business as Crackers Lounge, at 2083 Bridge St. near the Pelham line, had its license suspended by the Massachusetts Alcoholic Beverages Control Commission from Dec. 26 through Jan. 24, according to the ABCC's five-page ruling.

LeRiche, who has owned the business for 32 years, said the suspension is costing him $20,000 in lost business, in addition to putting his five employees out of work.

It was the second time in a year that Crackers was cited by the state for video gambling. In June 2011, the bar's license was suspended for five days for making video-poker payoffs; LeRiche also had to pay a $600 fine. It also cost him $5,000 in lawyer fees, he said.

Acting on an anonymous tip received June 12 that Crackers was making payouts on video-poker machines not in open view on the premises, two agents from the state liquor bureau entered the bar July 13 at 6 p.m. to investigate, according to the ABCC's case report. Inspectors Brad Doyle and Rose-Egan Bailey said they spoke with a bartender, identified as Alyssa, who phoned LeRiche to notify him inspectors were on site.

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In a visual inspection of the premises, Doyle and Bailey "observed two video poker machines located immediately upon entrance to the kitchen area, on a countertop located behind a piece of plywood," the inspectors reported. Both machines "were plugged into an extension cord located next to an electrical outlet," Bailey and Doyle wrote.

LeRiche, upon arriving, told the inspectors the machines were not being used, and were being kept in storage, unplugged, awaiting his son to pick them up.

"Mr. LeRiche stated he believed the cords plugged into the extension cord were for the microwave oven and toaster oven," reported Bailey and Doyle.

Countering LeRiche's claim, however, the investigators "showed Mr. LeRiche the cords of the video poker devices were in fact directly connected to the extension cord," Doyle and Bailey wrote.

LeRiche was given an Oct. 30 hearing date in Boston before the ABCC's disciplinary board, which he attended without an attorney, he said.

"I went to the hearing and it's ridiculous, because you're alone in front of three ABCC agents -- what do you think they're going to do?" said LeRiche at his business Wednesday. "I went by myself, thinking I've got the case made because (the machines) weren't plugged in, they were sitting in the back, waiting for my son to get them out of here."

The ABCC's Chief Investigator Fred Mahoney informed LeRiche that plugged in or not, he is not allowed to have any poker machines on the premises as a consequence of the bar's previous violation in June.

"They also made me take out a pinball-style bowling machine that was up front here, next to the jukebox," said LeRiche.

LeRiche noted O'Hara's Tavern, at 1734 Lakeview Ave., is the other Dracut bar ordered by the ABCC to never have video-gaming machines on-site after it was cited for illegal video gambling June 2011.

"Closed for remodeling," reads the bar's raised sign on Bridge Street Wednesday. Inside Crackers, LeRiche and a co-worker were busy installing new carpeting, and making structural improvements to the bar area.

LeRiche said Crackers doesn't deserve to be categorized as one of the "problem bars" in the area.

"It's been three times in 30 years (that Crackers' liquor license was suspended), that's all," said LeRiche. "There are other bars that have stabbings, shootings -- everything else. We've never had that. But (the state) has to harass you over something. And when you go to the hearing they bring up -- 'Oh, he was cited in 1986, or '94' -- like it just happened the other day."

His son has since removed the video-poker machines off the premises, LeRiche said.